SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Guy |
Citation: | [2018] ACTSC 270 |
Hearing Date: | 14 September 2018 |
DecisionDate: | 14 September 2018 |
Before: | Murrell CJ |
Decision: | Sentenced to two years and three months’ imprisonment, with a non-parole period of 13 months and two weeks. Fined $500.00. Disqualified from driving for three years. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – culpable driving causing grievous bodily harm – drive motor vehicle without consent – objective seriousness of the offences – sentencing purposes – general deterrence – specific deterrence – separate charges treated as aggravating features to the principal offence |
Legislation Cited: | Crimes Act 1900 (ACT) s 29(4) Crimes (Sentencing) Act2005 (ACT) ss 7, 35 Supreme Court Act 1933 (ACT) s 68E |
Cases Cited: | Chifuntwe v Gardiner [2012] ACTSC 136 Monfries v The Queen [2014] ACTCA 46; 245 A Crim R 80 R vRichardson [2016] ACTSC 133 |
Parties: | The Queen (Crown) Dillon Matthew Guy (Offender) |
Representation: | Counsel Ms K McCann (Crown) Ms B Dunne (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Offender) | |
File Numbers: | SCC 208 of 2018; SCC 209 of 2018 |
Murrell CJ
Introduction
The offender is to be sentenced for two offences that occurred on 20 May 2018:
(a)Culpable driving by negligence (driving at an excessive speed) causing grievous bodily harm to Ms Richards. This is an offence against s 29(4) of the Crimes Act 1900 (ACT) which carries a maximum penalty of 10 years’ imprisonment and a minimum disqualification period of 24 months.
(b)Drive a motor vehicle without consent. This is an offence against s 318(2) of the Criminal Code 2002 (ACT) which carries a maximum penalty of five years’ imprisonment and/or fine.
The following charges relating to the same incident were transferred under s 68E of the Supreme Court Act 1933 (ACT):
(a)As a repeat offender, drive a motor vehicle and fail to comply as soon as practicable with a police officer’s signal to stop. This is an offence against s 5C of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) which carries a maximum penalty of three years’ imprisonment and/or a fine and 12 months’ disqualification.
(b)As a repeat offender, drive while disqualified. This is an offence against s 32(1)(a) of the Road Transport (Driver Licensing) Act 1999 (ACT) which carries a maximum penalty of one year’s imprisonment and/or a fine and 24 months’ disqualification.
(c)As a repeat offender, drive with a prescribed drug in his blood. This is an offence against s 20(1) of the Road Transport (Alcohol and Drugs) Act 1977 (ACT) which carries a maximum penalty of three months’…
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- AGLC
- R v Guy [2018] ACTSC 270
- Case
- [2018] ACTSC 270
- Decision Date
CaseChat Overview and Summary
The legal issues involved assessing the gravity of the offences, including the factors that aggravated the principal offence. The court considered the objective seriousness of the culpable driving, which caused grievous bodily harm, and the respondent's lack of consent from the vehicle owner. Additionally, the court had to weigh the principles of general and specific deterrence in the sentencing process. The court determined that the separate charges should be treated as aggravating features to the principal offence.
The court found that the respondent's actions warranted a substantial sentence. The court sentenced the respondent to two years and three months’ imprisonment, with a non-parole period of 13 months and two weeks. The court also imposed a fine of $500.00 and disqualified the respondent from driving for three years. The court's decision was based on the need to deter both the respondent and the wider community from engaging in similar conduct, as well as the objective seriousness of the offences committed.
Orders
Orders of the court
Sentenced to two years and three months’ imprisonment, with a non-parole period of 13 months and two weeks.
Fined $500.00.
Disqualified from driving for three years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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